Check Out Best
What to Do if You Get a DUI in Another State - Read This Drunken Driving Article
Whether you have a DUI in Another State or Your State, it's important to know that a DUI can stay on your record for up to 10 years. Therefore, don't dwell on your situation, but focus on getting all of the information that you can in order to help yourself . Your first and foremost Goal is going to be to either expunge (completely remove) your DUI/DWI or Greatly Minimize the Damage to your personal life.
Know this, right after your Drunk Driving Arrest, your drivers license is still valid. Even though you may have been given a temporary or paper license, your DMV record will not have the charge recorded, yet.
Put two and two together. You have a small period of time to get a "clean" Legal License before the damage is done.
If you haven't been convicted, Consider This Premier Defense Strategy Used by Many High Powered Attorney's called the "RISING BAC THEORY".
According to The Information Association, LLC;
The Rising BAC theory (also known as the subtractive retrograde theory) is a very effective defense strategy in some states and less effective in others. It depends o the judge and wheter or not the court recognizes the theory but scientific evidence proves that this is completely accurate beyond a shadow of a doubt.
The idea behind it is due to the passage of time between alcohol consumption (when you last drank) and when it actually shows up in your blood stream. You see, it is only a crime to drive with a BAC of 0.08 or over, NOT to CONSUME enough alcohol to have a BAC of 0.08 or greater.
So, if a person consumes enough of an alcoholic beverage to put them over the legal limit immediately before driving, then they et into a car and drive 10 minutes down the road to their home and go to bed:the alcohol never had time to enter their blood stream to raise their BAC over the legal imit while they were driving.
So even though they consumed excessive amounts of alcohol, the did not drive with a BAC of over 0.08 (which is the legal limit).
They were home before the alcohol had a chance to "seep" into their blood. In essence, no crime was ever committed because the way the law reads, YOU MUT ACTUALLY BE DRIVING WITH A BAC over the legal limit. (0.08)
And it takes time for that to happen:.like a couple of hours. So:
The problem comes I with the police officer who pulls you over for suspicion of drunk driving. He keeps you at the scene for an hour or more, and then brings you down to the station to blow into the Intoxilyzer 5000 breath machine. Now it's been 2 hours since you were actually driving!
If you had consumed alcohol immediately before driving, the alcohol WAS NOT in your blood stream when you were actually driving, but by the time you ended up blowing into the Intoxilyzer Machine (2 hours after you were driving) at the police station, the alcohol has now been fully absorbed into your blood (due to passage of time) and will register on the test.
But you weren't driving with that amount of alcohol in your blood, you were at the police station with that amount of alcohol in your blood.
So technically the crime you committed was blowing into an Intoxilyzer with a BAC of 0.08 or greater, NOT DRIVING WITH A BAC OF 0.08 OR GREATER! And it's certainly not a crime to blow into a machine over the legal limit. It's a crime to drive an automobile over the legal limit.
Do you see the rationale behind this theory? It's very persuasive and effective!
This DUI Article is not to be construed as Legal Advice in Any Way, Shape or Form. You Should always seek the advice of a competent, qualified, attorney when making any Legal Decision. You should also have access to behind the scenes information so that your best interests are being met at all times.
|< Prev||Next >|